Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Once the investigation is over and charge sheet is filed then accused should be asked to appear before Court concerned and should furnish bail to satisfaction of trial Court - If at all, I.O wanted to interrogate petitioner, he could have arrested him during course of investigation itself - There..........
Indian Penal Code, 1860, Section 366A -- Offence u/s 366-A IPC - Prosecutrix herself had clearly indicated that she was not forcibly taken away by appellant - Ingredients for sustaining a charge u/s 366-A IPC of abduction with intent to illicit intercourse of prosecutrix is thus, totally absent - Conviction u/s 366-A IPC set aside..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Age of prosecutrix as per opinion of doctor ranged between 16-18 years and in the absence of any contrary evidence, possibility of prosecutrix being of 18 years cannot be entirely ruled out - Witness to prove the charge of kidnapping was withheld by prosecution - Evidence of prosecutrix does not at all support the case..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - State has power to withdraw prosecution at two stages, one is before framing of charge or after framing of charge...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is filed, right to statutory bail u/s 167(2)(a) Cr.P.C ceases and does not revive only because a further investigation order is pending or cognizance over charge sheet has not been taken by Court concerned...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Onus is on the husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his control...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail to woman - Charge already framed - However, there are 67 witnesses and recording of evidence is yet to commence - There are no antecedents of appellant brought on record - As rigours of S.45(1)(ii) of the Act will not apply, Special Court ought to have treated application as one u/s 439 Cr.P.C or S.483 BNSS - As..........
Criminal trial -- It is in the wisdom of I.O. to file charge-sheet against those accused only against whom there is strong evidence - Unnecessary harassment and false implication should be avoided...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - S.216 Cr.P.C. cannot be invoked at the instance of complainant, accused or prosecution, as this power lies exclusively with Court...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charges were framed against petitioner u/s 420 IPC - There is no fresh material available on record to indicate commission of offences u/ss 465, 467, 468, 471, 120-B IPC - Application u/s 216 Cr.P.C. was moved after four years of framing of charges - It is evident that respondent No.2 has indulged in this..........
